Opinion
Submitted October 20, 1975
Decided November 20, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. DONOHOE, J.
Richard Frank, P.C., for motion.
Frederick J. Martin opposed.
Motion for a preference etc. dismissed as academic.
On the court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the actions within the meaning of the Constitution. (See, e.g., Sinram-Marnis Oil Co. v Reading-Sinram-Streat Coals, 4 N.Y.2d 726; Alexander's Dept. Stores v Ohrbach's, Inc., 291 N.Y. 707; Cohen and Karger, Powers of the New York Court of Appeals, § 18, p 76.)